Regulation 35 Income treated as capital

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg 35 am (W) by Housing Renewal Grants 2001 regs 2, 10
reg. 35(7) words substituted by Housing Renewal Grants 2001 reg. 10(a)
reg. 35(8) added by Housing Renewal Grants 2001 reg. 10(b)
reg. 35 amended by Housing Renewal Grants 1999 reg.7
reg .43 amended by Housing Renewal Grants 1999 reg.11

(1)

Any bounty derived from employment to which paragraph 8 of Schedule 2 applies and paid at intervals of at least one year shall be treated as capital.

(2)

Any amount by way of a refund of income tax deducted from profits of emoluments chargeable to income tax under Schedule D or E shall be treated as capital.

(3)

Any holiday pay which is not earnings under regulation 24(1)(d) (earnings of employed earners) shall be treated as capital.

(4)

Except any income derived from capital disregarded under paragraphs 1, 2, 3, 5, 8, 14, 25 or 26 of Schedule 4, any income derived from capital shall be treated as capital but only from the date it is normally due to be credited to the relevant person’s account.

(5)

In the case of employment as an employed earner, any advance of earnings or any loan made by the relevant person’s employer shall be treated as capital except insofar as the advance or loan is spent; and thereupon the advance or loan, so far as it is spent, shall not be treated as income.

(6)

Any charitable or voluntary payment which is not made or due to be made at regular intervals, other than a payment which is made under any of the MacFarlane Trusts, the Independent Living Funds or the Fund, shall be treated as capital.